The American writer, William Faulkner wrote that the past isn’t dead. It isn’t even past.
Indeed, early Roman values (up to 500BC) are alive and well in today’s trust law, which received an intellectual inheritance from Roman law.
Executors, take note, nothing has changed.
For example, historians Ward, Heichelheim and Yeo tell us in A History of the Roman People (at pg. 53) that the word virtus (virtue) connoted the exercise of great self-discipline. The idea that a good person subordinated his or her narrow self-interest to the greater good underpinned four qualities that became particularly associated with Roman virtue in general: piety, faith, gravity and constancy.
For the early Roman, piety (pietas) implied devotion and loyalty to the family and a willing acceptance of parental authority. Piety towards the state connoted obedience to the laws and faithful service. A good executor, also called estate trustee, displays pietas when she upholds the Duty of Loyalty in executing the terms of the Deceased’s Will, who is often a parent, by remaining loyal to the beneficiaries and administering the estate solely for their benefit.
For the Roman, faith (fides) was faithfulness in the performance of one’s duties and obligations. Violation of fides was an offense against both the gods and the community. Faith rooted in the social conscience was stronger than written law as a force for holding all parts of the society together in a common relationship. A good executor displays fides when he or she upholds the Duty of Good Faith, that is to say, to act honestly, in good faith, and in the best interest of beneficiaries.
For the Roman, gravity (gravitas) meant absolute self-control – a dignified, serious, and unperturbed attitude in the face of challenges. Furthermore, constancy (constantia) meant perseverance, even under the most trying circumstances, in doing what seemed both necessary and right until success was achieved. A good executor displays gravitas and constantia when he or she upholds the Duty of Care and Prudence, being careful, diligent and skillful at his or her work. We can add that the executor upholds this duty in a special way when he or she remains cool under fire from his or her beneficiaries, is a consummate diplomat, keeps a “stiff upper lip”, knowing that discretion is the better part of valour, and persists in faithfully stewarding the estate despite the many difficulties that may arise over the course of the administration of an estate.
If you are an executor and have questions about how to uphold your duties in modern times, then please don’t hesitate to contact us and consult with one of our team members.
This blog post was written by Dylan McGuinty, Jr., a member of the Estate Administration and Wills and Estates teams. He can be reached at 613-369-0379 or at dylan.mcguinty@mannlawyers.com.
